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· 2/21/1922

Bowers v. Brazell

Citations

  • 27 N.M. 685
  • 205 P. 715

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>(1) Where the main object in a suit or action is for the purpose of setting aside a judgment or decree, such an attack is a direct, and not a collateral, attack. P. 686</p> <p>(2) A default decree in a suit to quiet title, in which the plaintiff’s right and title were based upon a tax deed, invalid because the taxes for which it was issued had been paid, cannot, in the absence of fraud, be set aside by a subsequent suit for that purpose. This doctrine of res adjudicata applies. P. 687</p>

Judges: Davis, Parker, Raynolds

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